Sherwin-Williams Co. v. Crovetto

PONDER, Judge.

Defendant reconvened for damages for wrongful issuance of a writ of attachment. The trial court awarded $1,500.00 including attorney’s fees. Plaintiff appealed the award and defendant answered, requesting damages for frivolous appeal.

We amend and affirm.

Defendant, a debtor of plaintiff, was in the process of selling a piece of property when plaintiff filed suit for the debt and requested that a writ of attachment issue.

The property was sold before the writ was issued. Plaintiff’s witnesses testified they believed that the debt would not be paid from the proceeds of the sale.…